An experienced attorney can effectively aid you in avoiding problems that may arise after someone has passed on, or in instances where an individual can become incapacitated.
Definition
Probate law pertains to matters regarding the estate or will of a deceased individual, issues involving a minor, or cases in which a person has been declared mental incompetent.
The Will
A will is a document that outlines just how an individual will dispose of their personal belongings and property when they pass on.
While some wills tend to be rather simple, others can end up being very complicated, with property being dispersed between several individuals or trusts, and the custody and care of minor children being involved. In such cases, an attorney is able to provide the necessary advice to have the document concise and clear while leaving no room for argument.
Trusts
These attorney’s should be called upon for use in the preparation of a trust, or an agreement in which one individual hold legal title to assets or property for the benefit of another.
While many believe that the wealthy are the only ones who benefit from a trust agreement, such is not the case. In fact, several types of agreements exist, each containing special instructions designed to assist the decedent with tax matters as well as limitations regarding how the beneficiary of the trust is able to use the property.
Court
Legal assistants or paralegals may prepare a trust agreement or will, however only an attorney is authorized to represent a client in court. Thus, probate lawyers are required in order to try a case in court.
These cases typically do not require an elongated court time, however, hearings involving the mentally incompetent, minors, a challenge of the will, or a lawsuit involving a decedent will ultimately require that the attorney appears in front of the judge to obtain a decision on the matter.
Estate Administration
A lawyer is useful in navigating the way through the process, which at times can be rather stressful and arduous. The paperwork pertaining to the administration of an individual’s estate varies state to state. Once a person has been declared deceased, their property must pass out of their name into the names of the beneficiaries and heirs outlined in the will.
An heir is an individual who has been named as the one who will inherit the decedent’s property. A deceased individual is not able to manage their finances, and thus, the property must ultimately pass on to someone who can.
